Adapting working hours for work-life balance
Adapting working hours for work-life balance
Do you have minor children, dependents or dependents who need your daily care?
Adjusting working hours for family reconciliation is an individual right recognised by Spanish law that allows you to adjust your working hours without losing your job. This legal tool seeks to balance the professional and personal lives of workers.
Thanks to recent reforms, such as Royal Decree-Law 6/2019, this right has been strengthened, offering more security and possibilities for those who need it. In this guide, we will explain everything you need to know: what the law says, who can apply for it, how to do it step by step, what formats you can propose and how to protect yourself legally against any refusal or retaliation.
What is working hours adjustment for family reconciliation?
Working hours adjustment is a legal measure that allows employees to modify their working hours to attend to family obligations. This right can translate into changes in schedule, distribution of working hours or even the type of work (such as remote work).
Current legal framework
The regulation governing this measure is Article 34.8 of the Workers’ Statute, amended by Royal Decree-Law 6/2019, which introduces the requirement for the company to negotiate in good faith and justify any refusal.
This right:
- Does not necessarily imply a reduction in salary.
- Is personal and non-transferable.
- Can be exercised by both men and women.
- Is legally protected against reprisals at work.
Legal basis: Article 34.8 of the Workers’ Statute
This article establishes that all workers have the right to request adjustments to their working hours in order to balance family and work life. The company is obliged to negotiate for a maximum of 15 calendar days (or the period specified in the collective agreement) and to respond with justification.
- Key case law: The Supreme Court has reinforced the right to work-life balance by recognising its constitutional value linked to the right to family life and equality.
Who can request working time adjustments?
The law establishes several cases where this right is expressly recognised:
Care of children under 12 years of age
Parents may request a change in working hours or working arrangements in order to care for their minor children. It is not necessary to justify an exceptional situation: the age of the child is sufficient.
Care for dependent or disabled family members
The right to care for the following is also recognised:
- Children with disabilities.
- Spouse or civil partner.
- Relatives up to the second degree (parents, grandparents, grandchildren, siblings).
- Dependent persons living with you.
Types of working hours adjustments available
Employees can propose the format of adjustment that best suits their situation:
Flexible hours and shift changes
Changes to start or finish times, shift swaps or compacting working hours to free up afternoons or mornings.
Remote working as a means of work-life balance
This can be requested on a partial or full-time basis, especially in sectors compatible with remote working.
Reduction of working hours and its compatibility
The reduction (between 1/8 and 1/2) can be combined with adaptation. It has a proportional impact on salary but protects contributions during the first three years if it is for childcare.
Can the adjustment to the working hours be reversed?
Yes, the worker may request to return to their previous schedule at any time if:
- The agreed period has come to an end.
- The family circumstances that led to the request no longer exist.
- There are new personal or family needs that require a return to the normal working hours.
In these cases, the company must assess the request and may only reject it for objective and justified reasons, providing written justification for its refusal. The reversal may also form part of an initial agreement if a limited period of validity is established for the adjustment.
Legal protection against dismissal for work-life balance
Requesting or taking advantage of working time adjustments cannot be grounds for dismissal. If dismissal occurs after exercising this right, it may be declared null and void by the courts, forcing the company to reinstate the worker and pay the wages they have not received.
It is also possible to claim compensation if the employee suffers personal or financial damage as a result of the company’s refusal to grant the adjustment without valid justification.
Compatibility with other work-life balance measures
Working time adjustments are compatible with:
- Reduction of working hours for the care of children or relatives (Articles 37.6 and 37.7 of the Workers' Statute).
- Paid leave for birth, adoption, death or serious illness.
- Leave of absence to care for family members.
These measures may be applied successively or simultaneously, provided that the established legal requirements are met.
Impact on salary and Social Security contributions
- If the adjustment to working hours does not include a reduction in working hours, it does not affect salary.
- In the event of a reduction, the salary is adjusted in proportion to the hours worked.
- For carers of children under 12 years of age, during the first 3 years of the reduction, full-time contributions are maintained for the purposes of retirement, unemployment and other benefits.
This benefit is particularly important in order to avoid penalties in future retirement pensions or unemployment benefits.
Frequently asked questions about working hours adjustments
Yes. The right exists, even if the agreement does not mention it. In this case, Article 34.8 of the Workers’ Statute applies.
This is not recommended. It should always be done in writing, clearly stating your family situation and the proposed working hours.
No. It must justify its refusal with organisational arguments and offer, if possible, a reasonable alternative.
Yes. It is possible to adjust the schedule and also reduce working hours if the family situation requires it.
No. It is also recognised for the care of dependent relatives, spouses, civil partners or cohabiting persons who require care.
Adjusting working hours for family reconciliation is a powerful legal tool for balancing work responsibilities with personal life. It is a right that protects workers and promotes a more inclusive corporate culture that is respectful of family needs.
If you need to adjust your schedule to care for children, elderly people or dependents, do not hesitate to contact our labour lawyers.